Comments on Hambleton’s Green Space Proposals

1 Introduction

These comments mainly relate to the green spaces and green infrastructure as they affect the of ; that is, , Rudby, Middleton-on-Leven and . Some comments do however relate to the wider policy context of green spaces, the environment, biodiversity and how Hambleton have approached these issues in the Publication Draft of the Local Plan and their response to the comments on the Publication Draft.

2 Key Policy Interaction

The grouping of policy issues by the Inspectors under Matter 11 – Green Infrastructure highlights the important interaction between green spaces (CI3) and green infrastructure (E4). The grouping, Matter 12 – The Natural Environment, is also closely related as green spaces and green infrastructure are an integral component of the natural environment.

It is pleasing to see that E4 highlights the need to link green spaces to improve green infrastructure as well as stressing the importance of green infrastructure corridors identified in the North & York Local Nature Partnership Strategy. E3 also highlights the & York Local Nature Partnership Strategy and the need for a biodiversity offsetting metric which is a serious omission in Hambleton’s current policy despite it being a requirement of the NPPF.

3 Background and Context

The S271 subregional green infrastructure corridor starts at Crathorne (on the western edge of Rudby Parish) and follows the River Leven which runs through the heart of the Parish. The importance of the River Leven in the Parish is highlighted in Hambleton’s Settlement Character Assessment2 where the following can be found

Green Infrastructure & Connectivity

The village has an abundance of green infrastructure which extends from the river corridor up the banks and into the central village. There are many green footpaths and links between the urban and rural parts of the village. Parts of the woodlands and river sides are designated as Sites of Interest for Nature Conservation (SINC).

The Settlement Character Assessment defines the area around the River Leven (Levenside) as one of three Character Areas in the Parish where under its historic character it notes the River Leven flows east to west, has an 18th century stone bridge, a 14th century church, with the former moated site at the rear of church and being the site of the former paper mill/linen mill.

1 https://webarchive.nationalarchives.gov.uk/20140605112209/http://www.naturalengland.org.uk/regions/yor kshire_and_the_humber/ourwork/yandhgreeninfrastructuremappingproject.aspx 2 https://www.hambleton.gov.uk/downloads/file/937/hambleton-settlement-character-study This green infrastructure corridor is important not only for the setting of the Parish, the recreational benefits it provides, the aesthetic beauty of the Leven valley, but also for the vast range of biodiversity and fauna and flora it encourages. Otters, kingfishers, various raptors, and deer are all commonly seen in the area.

The importance of this green infrastructure, and the environment in general, is recognised by the Parish Council where its Trees for Tomorrow3 programme has planted over 500 trees over the last two planting seasons.

The Conservation Area covering parts of Hutton Rudby and Rudby includes the area around the River Leven and the green corridors running up to the Village Green in Hutton Rudby.

The 1999 Village Design Statement4 recognised the importance of the Leven valley when it recorded under the heading of “Landscape Features of Community Importance”,

The Leven Valley - the whole of the valley is of the utmost importance to the Village as a landscape feature, as a wildlife and recreational resource and for the setting of the most historic building in the Village - the Parish Church All Saints

The development of the Parish’s Neighbourhood Plan5 showed extensive support for green spaces and for positively planning to protect and enhance the environment in general.

The pro-forma and criteria used by Hambleton to assess sites for green space eligibility have been used by the Neighbourhood Plan but enhanced with in-depth local knowledge. The draft Neighbourhood Plan was presented to Hambleton in February 2020 and their feedback has been incorporated. Due to Covid, the consultation phase has been delayed but it is anticipated that it will now be held in June 2021 to allow for in-person consultation.

4 Hambleton’s Green Space Identification

Hambleton in Appendix D6 of their publication draft listed 12 green space sites under “Hutton Rudby”. These include sites in Hutton Rudby and Rudby with one site (ALT/S/073/020/G) which is outside the Rudby Parish Neighbourhood Plan area.

Hambleton received a number of comments from the Parish Council, landowners and members of the public on these sites. In addition, members of the public highlighted sites in the Rudby Parish Neighbourhood Plan area which had not been considered by Hambleton but which they believe should have been included.

5 Hambleton’s Response to Green Space Comments on the Publication Draft

The list of respondents, and their comments, on green space to the Publication Draft can be found in the two documents,

3 http://www.rudbyparishcouncil.org.uk/trees-for-tomorrow.php 4 http://plan.rudbyparishcouncil.org.uk/wp/wp-content/uploads/2016/10/Hutton-Rudby-Village-Design- Statement-Hambleton-District-Council.pdf 5 http://plan.rudbyparishcouncil.org.uk/wp/ 6 https://consult.hambleton.gov.uk/portal/planning/lpreg19?pointId=s15613837441981#section- s15613837441981

LP12.1 Regulation 20 Local Green Space Assessment Index of Respondents7 LP12 Regulation 20 Local Green Space Assessment Representations in Document Content Order8

There is some inconsistency between these two documents in that submissions LPreg19-LGS-43 and LPreg-LGS-44 are recorded in LP12.1 but the actual submissions are not included in LP12. It is noted that LPreg-LGS-42 is dated very close to the final submission date so it is not clear whether LPreg19- LGS-43 and LPreg19-LGS-44 were submitted prior to, or after, the submission date. Neither appear in LP15 Regulation 20 Late and Not Duly Made Representations Index of Respondents and Comments.9

Following the consultation, Hambleton in their proposed modifications10 wish to remove two green space sites from Hutton Rudby. (Both sites have been referenced as ALT/S/073/016/G; the second site should be referenced as ALT/S/073/022A/G.) One of these sites, ALT/S/073/016/G, has been omitted based on LPreg-LGS-44. This submission is missing from LP12.

Unsound Policy

The grounds for the removal of these sites are “Following the public consultation this site has been removed from the local Greenspace designation as the landowners have objected to the site being taken forward”11. The NPPF guidance on Open space, sports and recreation facilities, public rights of way and local green space12 clearly states landowner permission is not necessary and many local authorities13 have set out clear protocols on how to handle this situation. A recent judicial review14 has rejected a landowner’s objection to the designation of a green space against their wishes. Hambleton’s policy of rejecting green space sites purely on the objections of the landowner is manifestly an unsound policy.

Site ALT/S/073/016/G – Land South of River Leven, Hutton Bank, Hutton Rudby

As noted above, this site has been rejected by Hambleton. This is an unsound decision for a number of reasons; namely,

i. the policy of rejecting a site purely on the grounds of a landowner’s objection is an unsound policy ii. this site has multiple owners so to reject the site on the grounds that a landowner of one part of the site objects is unsound. The Parish Council owns part of the site and supports the designation.

7 https://www.hambleton.gov.uk/downloads/file/1072/lp12-1-regulation-20-submission-local-green-space- assessment-index-of-respondents 8 https://www.hambleton.gov.uk/downloads/file/1078/lp12-regulation-20-submission-local-green-space- assessment-comments-in-policy-order 9 https://www.hambleton.gov.uk/downloads/file/1082/lp15-regulation-20-late-and-unduly-made-responses 10 https://www.hambleton.gov.uk/downloads/file/1083/lp03-schedule-of-local-plan-and-policies-maps- proposed-modifications 11 https://www.hambleton.gov.uk/downloads/file/1098/lp08-2-submission-local-green-space-checklist-and- aerial-mapping-appendix-1b-mar-20 12 https://www.gov.uk/guidance/open-space-sports-and-recreation-facilities-public-rights-of-way-and-local- green-space 13 https://tunbridgewells.gov.uk/__data/assets/pdf_file/0008/388043/Local-Green-Space-Designation- Methodology-update_2021.pdf 14 https://www.planningresource.co.uk/article/1682906/judge-rejects-green-space-deallocation-bid-somerset- neighbourhood-plan iii. the landowner for part of this site is listed in LP12.1 (LPreg19-LGS-44) but their comments do NOT appear in LP12. Based on LP12, it is not possible to comment on the accuracy or otherwise of the objection nor which part of the site the objector owns. iv. the absence of the comment in LP12 means it is unclear whether the objection was submitted by the response deadline.

Hambleton’s original reasons for recommending this site15 were

10 CONCLUSION: IS THE SITE SUITABLE FOR DESIGNATION AS A LOCAL GREENSPACE? YES

The site is 'local', is in 'reasonably close proximity to the community it serves' and possess local significance because of its historic, recreational and wildlife significance

Behind this rather “bland” assessment resides a wealth of strong evidence. For example,

i. Hambleton’s Settlement Character Assessment16 states "The village greens at The Green and North End are suggested as green space designations as well as the allotments to the south of Goldie Hill, land alongside the river, the churchyard and moated site and playing fields"

ii. this site is central to the S27 subregional green infrastructure corridor which is based around the River Leven iii. the site is within the Conservation Area, is adjacent to the Grade II listed Hutton Bridge, hosts the remains of the Flax Mill, and the Grade I listed church is on the opposite side of the Grade II bridge iv. large parts of the site are shown on Magic Maps17 as “Areas of deciduous woodland priority habitat inventory”

v. the 1999 Village Design Statement recognised the area as “the utmost importance to the Village as a landscape feature, as a wildlife and recreational resource and for the setting of the most historic building in the Village” vi. public right of ways run the length of the site vii. the site hosts the only ancient tree18 (cherry plum) in the Parish.

At the earlier hearing, Hambleton added the additional ground for rejection that the site was a garden; this is demonstrably incorrect.

Hambleton’s proposed rejection of this site is based on an unsound policy and an objection that is not valid in relation to green spaces. This site meets the criteria for a green space, and arguably, has a stronger case than almost any other site.

15 https://www.hambleton.gov.uk/downloads/file/1098/lp08-2-submission-local-green-space-checklist-and- aerial-mapping-appendix-1b-mar-20 16 https://www.hambleton.gov.uk/downloads/file/937/hambleton-settlement-character-study 17 https://magic.defra.gov.uk/MagicMap.aspx 18 https://ati.woodlandtrust.org.uk/tree- search/?v=1874830&ml=map&z=13&nwLat=54.48256134284094&nwLng=- 1.413064737500005&seLat=54.43825866838668&seLng=-1.149392862500005 For all the above reasons, site ALT/S/073/016/G – Land South of River Leven, Hutton Bank, Hutton Rudby – should be retained as a green space.

Omitted Sites

More than one respondent proposed that the open space on the north bank of the River Leven (to the south of South View, Rudby and on the opposite bank of the River Leven to site ALT/S/073/016/G) should be designated as green space.

This omitted site on the north bank of the river

i. is within the Conservation Area,

ii. helps provide the setting for the Grade I listed church on the opposite side of the road,

iii. is adjacent to the Grade II listed Leven Bridge,

iv. is across the river from the former Flax Mill,

v. provides a wildlife corridor along the River Leven,

vi. forms part of the “land alongside the river” suggested in Hambleton’s Settlement Character Assessment for green space designation

vii. is at the heart of the S27 – subregional green infrastructure corridor, and,

viii. as highlighted earlier, the 1999 Village Design Statement notes that

the whole of the valley is of the utmost importance to the Village as a landscape feature, as a wildlife and recreational resource and for the setting of the most historic building in the Village - the Parish Church All Saints

In submission LPreg-LGS-3, Hambleton confirmed that “this piece of land was not considered in our Local Green Space Assessment”. No reason was given for why this site was not considered despite the extensive evidence that it should be designated as a green space and highlighted in Hambleton’s Settlement Character Assessment for green space designation.

This site should be designated as a green space.

6 Summary

Hambleton’s policy of rejecting a green space site purely on the objections of the landowner is manifestly an unsound policy and Hambleton’s lack of any protocols on how to respond to green space comments is a serious oversight.

Their omission to consider sites highlighted by their own Settlement Character Assessment and the general public is a serious failure of process.

Site ALT/S/073/016/G should remain a green space and the site on the opposite bank of the River Leven to ALT/S/073/016/G should be formally assessed and designated as a green space.

Jane Simpson 13 May 2021